By participating in the Pro Mama Brand Ambassador Program, you are agreeing to all of the following Terms and Conditions (the “Agreement”). If you do not agree to or understand any of the language in this Agreement, then we ask that you please refrain from signing up, or participating in any of our promotions. The responsibility rests on you to completely understand any & all terms before becoming a Brand Ambassador.
As a Brand Ambassador you are expected to act with honesty, comply with FTC guidelines and adhere to all laws. By participating in the Brand Ambassador Program offered by Pro Mama LLC. (the “Company”), you (the “Brand Ambassador Subscriber”) agree to the following Terms and Conditions.
1. HOW DO I KNOW IF I’M ELIGIBLE?
There are 4 basic requirements for participating in the Pro Mama Brand Ambassador Program.
1) Brand Ambassador must be 18 years or older to participate.
2) Brand Ambassador must be in good standing with the Federal Trade Commission (the “FTC”)
3) Brand Ambassador must be in compliance with all FTC guidelines, and the terms and conditions of this Agreement.
4) Brand Ambassador must sign up for the Pro Mama newsletter.
5) Brand Ambassador must understand that this is an UNPAID position and program. No money will be exchanged for these services. This is a volunteer opportunity.
Pro Mama LLC reserves the unconditional right to accept or deny any Brand Ambassador who applies on our website, or who drives traffic to Pro Mama’s website.
The Brand Ambassador agrees and understands that if any of their communications associated with or for this promotion (marketing, websites, blog posts, videos, audios, emails, Tweets, Facebook posts, etc.) are deemed offensive or inappropriate, that Brand Ambassador will be deemed, at the sole discretion of the Company, ineligible to participate in any and all Brand Ambassador promotions.
The Brand Ambassador may also be immediately removed from any & all promotions if, at the sole discretion of the Company, the Brand Ambassador’s marketing:
- Contains unlawful material, including but not limited to materials that may violate another’s intellectual property rights, or links to a site that contains such material;
- Contains information regarding, promotes or links to a site that provides information about or promotes illegal activity;
- Promotes, depicts or links to material that promotes or depicts discrimination based on race, gender, religion, national origin, physical or mental disability, sexual orientation, or age;
- Contains, promotes or links to sexually explicit or violent material;
- Uses the Promoter’s banners, brand name, likeness, images, and videos, on their own websites, thus creating market and consumer confusion (which is usually referred to as copyright or trademark infringement, and is illegal). In short: you may not present our banners, images or videos as if they are your own on your own site’s or any other site’s, as it may cause a customer to opt-in thinking they are signing up to receive our communications rather than yours. We firmly believe that if you wish to generate sales, it is in your best interest to establish your own identity, voice, brand and sites, and authentically promote our program(s) in your own way – not posing as its creators;
- Is, for any other reason, deemed to be unsuitable by the Company;
- Offers a cash incentive or discount on product(s) as a means of promotion;
- Runs any paid ad with the terms Pro Mama LLC, any of the URLs we own, and/or the name of any product offering.
In short: please only use ethical, honest means to promote our Company. If you have a unique idea to promote our offerings please request written permission first from email@example.com.
2. BRAND AMBASSADOR LINKS
The Brand Ambassador may ONLY utilize their unique link, provided by Pro Mama LLC, on the Brand Ambassador’s own websites, social media accounts, or emails. The Brand Ambassador may NOT post their link on other websites that are not owned or maintained by the Brand Ambassador or the Brand Ambassador’s brand, with the exception of ads or social media placements. Spamming the internet with links outside of Brand Ambassador’s direct email list, websites or social media pages will be considered a violation of this Agreement and result in a denial of participation in the Brand Ambassador Program.
Links are intended to increase the number of Pro Mama community members. The Brand Ambassador may not use unsolicited commercial email, spam, search engine spam, or other illegal or unethical means by which to generate referrals.
All customer information collected shall be owned by Pro Mama LLC and it is at the sole discretion of Pro Mama LLC whether or not the customer information will be shared with the Brand Ambassador.
3. COMMISSION & EARNINGS DISCLAIMER
The Pro Mama Brand Ambassador Program is an UNPAID program. No money will be paid to any Brand Ambassador. This is a volunteer opportunity.
4. SPAM AND UNSOLICITED EMAIL WARNING
The Brand Ambassador agrees to abide by all Federal Trade Commission Guidelines and the U.S. Federal Can-SPAM Act.
Pro Mama LLC has a firm zero tolerance policy toward any Brand Ambassador who spams any party or individual. As a Brand Ambassador you are agreeing NOT to send any unsolicited email to any party in promotion of any of our products. Should a Brand Ambassador be caught spamming, they will be removed from the Brand Ambassador program altogether.
Spam is defined as emailing or posting to anyone who has not requested information via email or a website. This also includes “spamming search engines” with links.
The Brand Ambassador may not use ANY copyright, trademark, service mark, or general branding of Pro Mama LLC without full disclosure and permission. Brand Ambassador may not:
- Frame the Brand Ambassador’s website to look like Pro Mama’s website or to utilize Pro Mama’s branding in any way that would confuse customers or the general public as to who is hosting or promoting such a website;
- Take any action that could reasonably cause any customer confusion as to Brand Ambassador’s relationship with Pro Mama LLC, or as to the site on which any functions or transactions (e.g., search, order, browse, and so on) are occurring;
- Read, intercept, record, redirect, interpret, or fill in the contents of any electronic form or other materials submitted to Pro Mama LLC by any person or entity;
- Seek to purchase or register any domains or other identifiers that include variations on the trade or service marks or names of Pro Mama LLC intended to approximate misspellings or typographical mistakes of same or which otherwise would constitute typo or domain squatting, including variations thereof for use in any search engine, portal, sponsored advertising service or other search or referral service unless otherwise agreed to by Pro Mama LLC. Pro Mama LLC may cancel the Brand Ambassador participation in this subscription, or take any other action at its sole discretion should the Brand Ambassador carry out any of the behavior above or fail to operate with integrity or within the guidelines of the FTC;
- Seek to purchase or register any keywords, search terms or other identifiers related to the trademarks of Pro Mama LLC or the trade or service marks or names of Pro Mama’s primary competitors, including misspellings or variations thereof for use in any search engine, portal, sponsored advertising service or other search or referral service unless otherwise agreed to by Pro Mama LLC.
6. RELATIONSHIP OF PARTIES
Although we love our Brand Ambassadors, nothing in this Agreement shall be deemed to create a partnership, joint venture, agency relationship, or employment relationship between Pro Mama LLC and the Brand Ambassador. Under no circumstances will Pro Mama LLC be held liable for any actions or results of the Brand Ambassador.
Brand Ambassador is participating in the Brand Ambassador program as a fully independent entity and is responsible for any and all federal, state, local, and/or foreign income taxes and self-employment taxes, and any and all other federal, state, and local licenses, fees or taxes, or sales tax, including withholding taxes, social security taxes, and public liability and worker’s compensation insurance.
7. CONFIDENTIALITY AGREEMENT
The Brand Ambassador hereby agrees not to copy, alter, share, use, duplicate, distribute, or adapt any of the Pro Mama’s confidential information which is not directly provided or approved by the Promoter, or any confidential information – disclosed or otherwise – that comes into its possession under or in relation to this Agreement.
Confidential information includes, but is not limited to, the following types of private information and other proprietary information of a similar nature regarding Pro Mama’s business: sales figures, software passwords, Promoter list size, list contents, ideas, stories, activities, curriculum, event format, presentation materials, presentation content, inventions, financial information, business plans, business processes, marketing plans, marketing strategies, marketing copy, financial projections, customer lists, customer financial information, personal information of executives, sponsorship strategies, relationships with other vendors, media delivery concepts and systems, including, but not limited to, web-based delivery systems, technical data, software designs, drawings, specifications, models, source code, object code, documentation, diagrams, flow charts, and other similar information that is proprietary and confidential information.
The Brand Ambassador shall not disclose the terms of this Agreement to any third party other than to the Brand Ambassador’s employees and agents who (a) have a need to have access to such information (b) agree in writing to comply with the confidentiality provisions of this Agreement.
This Agreement imposes no obligation of confidentiality on the Brand Ambassador with regard to any portion of Pro Mama’s confidential information (a) that is part of the public domain at the time of disclosure; or (b) that becomes part of the public domain after the Promotion without any unauthorized act by or omission of the Brand Ambassador; or (c) if Brand Ambassador can demonstrate by written records that he/she had independently developed knowledge of such confidential information prior to the date of disclosure; or (d) if permission to use or disclose said confidential information is first obtained by Brand Ambassador in writing from Promoter; or (e) if Brand Ambassador is required by law, regulation, rule, act, or order of any court or other government authority or agency to disclose such confidential information.
8. INDEMNIFICATION AND LIABILITY
The Brand Ambassador agrees to indemnify and hold harmless Pro Mama LLC and the Company’s Founders, Jess Gaffney and Ariele Rosch, individuals, from and against any and all losses, claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorney fees) which the Brand Ambassador may be subject to be rendered, except those claims that are judicially determined to have resulted from Company’s gross negligence or willful misconduct.
The relationship between the Parties may be terminated by either party on 30 days written notice prior to termination. Upon termination, it is understood that the Confidentiality and Indemnification clauses above will remain in effect for perpetuity.
If any provision or covenant, or part thereof, of this Agreement should be held by any court or other legitimate tribunal with appropriate jurisdiction to be invalid, illegal or unenforceable, either in whole or in part, such invalidity, illegality or unenforceability shall not affect the validity, legality or enforceability of the remaining provisions or covenants, or any part thereof, of this Agreement, all of which shall remain in full force and effect.
You can reach us at firstname.lastname@example.org.